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Suing the Leviathan—An Empirical Analysis of the Changing Rate of Administrative Litigation in C hina
Author(s) -
Li Ji
Publication year - 2013
Publication title -
journal of empirical legal studies
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.529
H-Index - 24
eISSN - 1740-1461
pISSN - 1740-1453
DOI - 10.1111/jels.12029
Subject(s) - elite , authoritarianism , extant taxon , politics , state (computer science) , political science , empirical research , economics , empirical evidence , law , public administration , democracy , philosophy , epistemology , algorithm , evolutionary biology , computer science , biology
This article analyzes the changing rate of administrative litigation in C hina. Using a set of provincial‐level data over seven years (2003–2009), the article evaluates a number of hypotheses derived from extant theories of social litigiousness, state‐society relations in authoritarian regimes, C hinese elite politics, and C hinese administrative law. It finds evidence that the rate of administrative litigation varies according to different levels of lawyer density and urbanization. It also finds preliminary evidence that casts doubt on the effects of top‐down legal and policy changes in C hina. The article is the first longitudinal study of the C hinese administrative litigation system, and it answers questions that have long been underexplored. In addition, the research contributes to our understanding of state‐society relations in authoritarian regimes. This article also evaluates the role of elite politics in the development of the administrative law regime and adds new evidence to the debate about lawyers' role in C hina's legal reforms. Finally, the article contributes to empirical and comparative studies of litigation rates, especially the less researched area of administrative litigation.